Closing Affidavit - Seller



|STATE OF NEW YORK ) |TITLE NUMBER |      |

|COUNTY OF       ) |PREMISES |      |

The undersigned Seller(s) each being duly and severally sworn, depose(s) and says:

1. That I am (we are) the owner(s) of the above premises and that I am (we are) the only record owner(s) of the premises.

2. That I (we) have not been known by any other name(s) during the past ten years except for       and there are no liens, judgments, or mortgages recorded or unrecorded against either name or against the premises.

3. That I am (we are) a citizen of the United States over 21 years of age. That there are no tenants or outstanding leasehold interests affecting the premises. All persons in possession are in possession pursuant to written leases as tenants only. There are no options to purchase or unwaived rights of first refusal affecting the premises.

4. That there are no street vaults unpaid taxes, assessments, sewer or water charges against the premises now due and owing and that I (we) am (are) entitled to the real estate tax exemption if any benefitting the premises.

5. That as part of this sale, I am (we are) not taking back a purchase money mortgage as part of the sales price.

6. That there has not been any dispute with any neighbor with respect to the location of any structures/fences/walls on our property lines. That the structures have been in existence in their current condition for at least two years and I (we) have not done anything to change the boundaries of the premises. There are no actions, lawsuits, or court proceedings pending against the premises. That no work has been done or materials furnished to the premises within 4 months of the date hereof that could result in the filing of a mechanics lien.

7. That there has not been any work done upon the premises by the City of New York that could result in any emergency repair liens or any charges by the New York City Department of Housing or Department of Environmental Protection.

8. That I (we) have read the Judgment, Bankruptcy, Federal Tax Lien, and Tax Warrant returns which constitute objection(s)

#       in the Judicial title report. I am (we are) not the party (parties) mentioned in said returns, none of said liens affect (me) (it), and that I have never resided or done business at any of the addresses stated in said report.

9. That I (We) have examined a certain survey of the premises herein made by      , dated       and there have not been any exterior alterations or additions made to the buildings shown thereon except for       and as to those alterations or additions, a Certificate of Occupancy or the equivalent has been issued by the local Building Department. There have not been any additional buildings or other structures constructed on the premises since the date of the above-mentioned survey.

10. Neither I/we am/are in default of any mortgage affecting the Real Property by reason of there being payments due and unpaid on any mortgage for two months or more.

11. That I/we as seller do not have a right to acquire an interest in the premises after closing, nor does a person or entity other than the purchaser have a right to acquire an interest in the premises.

12. That there have been no structural changes to the property during my/our occupancy except for the following:

     

MORTGAGE PAYOFF SECTION

I am (we are) aware of the payoff letter(s) from our current Lender showing the total amount to pay off our loan(s) and to satisfy the existing mortgage(s). In consideration of your omitting the existing mortgage(s), I (we) do hereby agree to pay you, on demand, any additional monies required by the lender to enable you to obtain a recordable satisfaction. I acknowledge that the lender has the right to deduct any shortages from the tax escrow account. If the mortgage being paid off is a credit line mortgage, I (we) hereby consent to have the account frozen, and request that the lender accept the payoff check as full settlement to close and satisfy the account.

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|Seller | |Social Security or Federal ID # |

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|Seller | |Social Security or Federal ID # |

Sworn to before me this       day of      , 20     

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